LCR4805
Assignment 2
(ANSWERS)
Semester 2 2023 -
DISTINCTION
GUARANTEED.
ADMIN
[COMPANY NAME]
, QUESTION 1 One evening while driving home after work, Thabo was involved
in a road-rage incident. The driver of a truck didn’t like how Thabo was driving.
He forced Thabo’s car to stop, got out of his truck and smashed in the
windscreen of Thabo’s vehicle with a metal pipe. He pulled Thabo out of his
vehicle, shouted at him, waved his arms in the air, climbed back into his truck
and drove off. It turned out that another motorist on the scene, David, who
was right behind Thabo’s vehicle, had a camera installed on the dash of his
car, which automatically records everything in the view of the camera through
the windscreen of the vehicle. This road rage incident was also captured by
David’s dash camera. The truck driver was later arrested and has to face
criminal charges. Thabo approaches you as his attorney. Advise him as to
whether this video recording captured on David’s dash camera can be used
as evidence in a court of law? [10]
1. Relevance: The first key factor is whether the dashcam footage is relevant
to the case. In this situation, where Thabo was a victim of a road-rage
incident and the footage captures the incident as described, it is likely to be
considered relevant to the case.
2. Authentication: Thabo's attorney should ensure that the dashcam footage
is properly authenticated. This means confirming that the footage is a true
and accurate representation of the events in question. David, the owner of
the dashcam, may need to testify about how the camera works, how it was
operating at the time, and how the footage has not been tampered with.
3. Chain of Custody: It's important to establish and maintain the chain of
custody of the video evidence to show that it hasn't been altered or
manipulated in any way since it was recorded. This might involve
documenting who had access to the footage and how it was stored.
4. Privacy and Consent: Consideration should be given to any privacy
concerns. In some jurisdictions, there are laws about recording individuals
without their consent. Thabo's attorney should check the local laws to
determine if the recording was made legally.
5. Hearsay and Authentication Rules: Legal rules regarding the
admissibility of evidence can vary by jurisdiction. The attorney should be
familiar with these rules and ensure that the video meets the standards for
admissibility.
6. Expert Testimony: In some cases, it may be necessary to have an expert
testify about the authenticity and accuracy of the dashcam footage.
7. Impeachment: The footage can also be used for impeachment purposes. If
the truck driver provides a different version of events in court, the video can
be used to challenge his credibility.
Assignment 2
(ANSWERS)
Semester 2 2023 -
DISTINCTION
GUARANTEED.
ADMIN
[COMPANY NAME]
, QUESTION 1 One evening while driving home after work, Thabo was involved
in a road-rage incident. The driver of a truck didn’t like how Thabo was driving.
He forced Thabo’s car to stop, got out of his truck and smashed in the
windscreen of Thabo’s vehicle with a metal pipe. He pulled Thabo out of his
vehicle, shouted at him, waved his arms in the air, climbed back into his truck
and drove off. It turned out that another motorist on the scene, David, who
was right behind Thabo’s vehicle, had a camera installed on the dash of his
car, which automatically records everything in the view of the camera through
the windscreen of the vehicle. This road rage incident was also captured by
David’s dash camera. The truck driver was later arrested and has to face
criminal charges. Thabo approaches you as his attorney. Advise him as to
whether this video recording captured on David’s dash camera can be used
as evidence in a court of law? [10]
1. Relevance: The first key factor is whether the dashcam footage is relevant
to the case. In this situation, where Thabo was a victim of a road-rage
incident and the footage captures the incident as described, it is likely to be
considered relevant to the case.
2. Authentication: Thabo's attorney should ensure that the dashcam footage
is properly authenticated. This means confirming that the footage is a true
and accurate representation of the events in question. David, the owner of
the dashcam, may need to testify about how the camera works, how it was
operating at the time, and how the footage has not been tampered with.
3. Chain of Custody: It's important to establish and maintain the chain of
custody of the video evidence to show that it hasn't been altered or
manipulated in any way since it was recorded. This might involve
documenting who had access to the footage and how it was stored.
4. Privacy and Consent: Consideration should be given to any privacy
concerns. In some jurisdictions, there are laws about recording individuals
without their consent. Thabo's attorney should check the local laws to
determine if the recording was made legally.
5. Hearsay and Authentication Rules: Legal rules regarding the
admissibility of evidence can vary by jurisdiction. The attorney should be
familiar with these rules and ensure that the video meets the standards for
admissibility.
6. Expert Testimony: In some cases, it may be necessary to have an expert
testify about the authenticity and accuracy of the dashcam footage.
7. Impeachment: The footage can also be used for impeachment purposes. If
the truck driver provides a different version of events in court, the video can
be used to challenge his credibility.
